McKean

McKean v. ABC Financial Services, Inc.

Good Law
United States District Court, Southern District of CaliforniaNovember 1, 20193:18-cv-00923California4,676 words

Opinion

Trial Court Opinion

I. BACKGROUND

19 A. Procedural History 20 On May 11, 2018, Plaintiff initiated this action by filing a Complaint against 21 Defendants ABC Financial Services, Inc. (“ABC Financial”) and The Arena Martial Arts 22 (“The Arena”). (ECF No. 1). On October 25, 2018, the Court dismissed the claims against 23 ABC Financial. (ECF No. 26). The Court found: 24 In this case, Defendant ABC Financial is not a signatory to the Membership Agreement. A non-signatory entity acting as a payment processor does not enter into a contractual relationship with a payor solely by being named the payee in a contract. See, e.g., Conder v. Home Sav. of Am., 680 F. Supp. 2d 1168, 1174 (C.D. Cal. 2010) (loan servicer’s service of a loan pursuant to a contract with the lender did not create contractual privity with the borrower); Grant v. Seterus, Inc., 2016 WL 10988678 (C.D. Cal. Dec. 9, 2016) (same). Further, there is no agreement between Defendant ABC Financial and Plaintiff 2 to provide health studio services as defined by the HSSL. See Cal. Civ. Code § 1812.81. Plaintiff has not alleged facts sufficient to plausibly establish the existence…

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